2018 -- H 8320 | |
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LC005892 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
____________ | |
A N A C T | |
RELATING TO SPORTS, RACING, AND ATHLETICS - SPORTS BETTING | |
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Introduced By: Representative Gregg Amore | |
Date Introduced: June 14, 2018 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 3-7 of the General Laws entitled "Retail Licenses" is hereby |
2 | amended by adding thereto the following section: |
3 | 3-7-7.8. Betting parlor license - Class B-BP. |
4 | (a) A Class B-BP license shall be issued only to a holder of a sports gaming license or to |
5 | holders of a Class B-V license who have entered into a partnership or licensing agreement with a |
6 | holder of a sports gaming license, or a licensing agreement with the Rhode Island lottery to offer |
7 | sports betting using their platform. A Class BBP license shall not be required of anyone holding |
8 | a Class B-C license. |
9 | (b) The license authorizes the holder to keep for sale and sell beverages, including beer in |
10 | cans, at retail at the place described and to deliver them for consumption on the premises or place |
11 | where sold. It also authorizes the charging of an admission to events at the gaming and |
12 | entertainment facility. |
13 | (c) The license authorizes the holder to sell and serve alcoholic beverages between the |
14 | hours of six o'clock (6:00) a.m. and two o'clock (2:00) a.m. on Fridays, Saturdays, and nights |
15 | before federal and state legally recognized holidays. The fee for a Class B-BP license shall be two |
16 | thousand five hundred dollars ($2,500). |
17 | (d) The applicant for a Class B-BP license shall submit the following to its host |
18 | municipality: |
19 | (1) The applicant holds a valid and enforceable Class B-V license that is in good standing |
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1 | or, in the case of a new business, meets the criteria necessary to hold a Class B-V license. |
2 | (2) The applicant possesses a gaming license or its application for a license has been |
3 | conditionally approved by the department. |
4 | (e) In the event that the host municipality grants a Class B-BP license, the licensee shall |
5 | exchange its existing Class B-V license for the Class B-BP license. |
6 | (f) Upon receipt of the proper permits from the local licensing board, holders of Class B- |
7 | BP licenses are permitted to have dances, entertainment, and food service within the licensed |
8 | premises to be conducted during the hours permitted for sale and service of alcoholic beverages. |
9 | (g) Notwithstanding any provisions in the department of business regulation liquor |
10 | control administration regulations, rule 18, it shall be lawful for the holder of a Class B-BP |
11 | license to permit the consumption of alcoholic beverages at any time as long as the subject |
12 | alcoholic beverage was purchased during legal service hours. |
13 | (h) To the extent that there is no conflict with the provisions of § 3-7-7.8, the provisions |
14 | of § 3-7- 7 shall apply to a holder of a Class B-BP license. |
15 | SECTION 2. Title 41 of the General Laws entitled "SPORTS, RACING, AND |
16 | ATHLETICS" is hereby amended by adding thereto the following chapter: |
17 | CHAPTER 12 |
18 | SPORTS BETTING |
19 | 41-12-1. Definitions. |
20 | As used in this chapter, the following words shall have the following meanings. |
21 | (1) "Account holder" means a person having money held in account for the purpose of |
22 | making wagers and having its cost deducted and any winnings deposited. |
23 | (2) "Agent" means a person engaged by a licensed operator or an applicant for a license, |
24 | for the purposes of representing their interests before administrative agencies or boards, judicial |
25 | courts of the state, or any lobbying activities. |
26 | (3) "Annual gross gambling yield" (AGGY) means the total of all money paid to the |
27 | licensee as bets minus the amount paid out for winning wagers over a one year period determined |
28 | by the department of business regulation. |
29 | (4) "Authorized site" means an Internet site operated by a licensed operator for the |
30 | purpose of offering contests authorized by this chapter. |
31 | (5) "Bet" or "wager" means to risk money on the unknown result of an event with the |
32 | hope of making more money. |
33 | (6) "Betting" means making or accepting a bet on: the outcome of a race, competition or |
34 | other event or process; the likelihood of anything occurring or not occurring: or whether anything |
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1 | is or is not true, and includes pool betting. |
2 | (7) "Betting parlor" means and includes any physical location, licensed by the state, to |
3 | accept wagers placed on sporting or other events. |
4 | (8) "Betting service" means a service for the placing, making, receiving or acceptance of |
5 | bets and may include the services of a betting exchange (as well as direct service providers). |
6 | (9) "Bond" means a bond or other writing held in escrow for the purpose of maintaining |
7 | adequate reserves to account for losses suffered by the licensees and owed to persons covered by |
8 | this chapter. |
9 | (10) "Cheating" means improving the chances of winning or of altering the outcome by |
10 | deception, interference or manipulation of a game or of any equipment (including software |
11 | pertaining to or used in relation to the equipment), used for or in connection with the game or |
12 | event on which bets are placed or are invited, and includes attempts and conspiracy to cheat. |
13 | (11) "Director" means the director of the department of business regulation. |
14 | (12) "Department" means the department of business regulation. |
15 | (13) "Electronic means" means the use of the Internet or other method of transmitting |
16 | information not in person. |
17 | (14) "Employee" means all traditional and non-traditional employees including |
18 | independent contractors performing work or other tasks at the direction or on behalf of the |
19 | principals or key employees in the furtherance of their business interests in this chapter. |
20 | (15) "Entity" means any person, firm, partnership, association or corporation having or |
21 | applying for a license to operate or offer contests authorized by this chapter. |
22 | (16) "Event" means any real-word sporting event or other occurrence whose result is |
23 | unknown and is used as the basis for making a wager under this chapter. |
24 | (17) "Fixed odds betting" means bets made at pre-determined odds or spread whereby the |
25 | return to the player will be unaffected by any later fluctuation in odds. |
26 | (18) "Future bet" means a wager made on the occurrence of an event in the future, for the |
27 | purposes of this chapter future bets also include any wager involving a field of choices that is not |
28 | part of a pari-mutuel or pool bet. |
29 | (19) "Gaming service" means any service that is required for or comprises any |
30 | component of the activities of gaming and may be provided by an intermediary. |
31 | (20) ''Host" means an entity licensed and operating an authorized site. |
32 | (21) "Key employee" means a person having the authority to act on behalf of: a licensed |
33 | operator; or any person, firms, partnerships, associations, or corporations in the process of |
34 | applying for a license authorized by this chapter and whose judgment is being relied on to |
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1 | manage and advance the business operations. A principal may be a key employee if the |
2 | circumstances so warrant. |
3 | (22) "License" means a grant by the state to offer the opportunity to accept wagers on |
4 | events not prohibited by law. |
5 | (23) "Licensee" or "licensed operator" means any person, firm, partnership, association or |
6 | corporation licensed and authorized to accept wagers under the provisions of this chapter. |
7 | (24) "Live betting" means and refers to a type of wager that is placed after the event |
8 | being wagered on has commenced and whose odds on events occurring are adjusted in real time. |
9 | Live betting does not include wagers made between quarters, halves or periods of games where |
10 | the outcome of the event being wagered on is related only to the quarter, half or period that has |
11 | not yet commenced. |
12 | (25) "Money line" means the fixed odds in relation to a dollar amount that a team or |
13 | person will win outright, regardless of the spread. |
14 | (26) "Minor" means an individual who is less than eighteen (18) years old. |
15 | (27) "Occupational license" means a licensing requirement deemed necessary by the |
16 | department to protect consumers or residents of the state or otherwise affects the faith and |
17 | trustworthiness of the wagers being offered under this chapter. |
18 | (28) ''Pari-mutuel betting" or "pool betting" means a type of bet in which all wagers on a |
19 | particular occurrence are pooled and winnings are paid in accordance with the size of the pool |
20 | and the number of winners. |
21 | (29) "Parlay bet" means a single bet that links together two (2) or more individual wagers |
22 | in which winnings accruing from each transaction are used as a stake for a further bet and is |
23 | dependent on all of those wagers winning together. |
24 | (30) "Principal" means any person having more than five percent (5%) ownership interest |
25 | in, or any officer of an entity licensed or applying for a license to offer contests authorized under |
26 | this chapter. |
27 | (31) "Proposition bet" means a wager made regarding the occurrence or non-occurrence |
28 | during a game or event not affecting the event's final outcome. |
29 | (32) "Real-world sporting event" means a scheduled sporting event whose outcome is |
30 | unknown and is determined by events or occurrences of persons who physically competed in the |
31 | event and is the basis of a wager under this chapter. |
32 | (33) "Real-world team" means a team that competes in scheduled sporting events against |
33 | other teams and whose roster or members are readily identifiable by the public. |
34 | (34) "Record" means a document, or an object, in any form (including any electronic |
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1 | form) that is, has been or ought to have been, kept by reason of: any information or matter that it |
2 | contains or that can be obtained from it; or its connection with any event, person, circumstance or |
3 | thing. |
4 | (35) "Regulated worker" means any person working or contracted on behalf of the |
5 | licensee, who the state has determined must pass a background check and be licensed. |
6 | (36) "Remote communication" means communication using: the Internet, telephone, |
7 | television, radio, or any other kind of electronic or other technology for facilitating |
8 | communication. |
9 | (37) "Remote gambling" means gambling in which persons participate by the use of |
10 | remote communication. |
11 | (38) "Resident" means, for the purposes of this chapter, a person who primarily resides in |
12 | the state, a student attending a school of higher or lower education in the state who has a |
13 | substantial connection to the state, or for the purposes of gaming under this chapter any person |
14 | located within the boundaries of the state at the time they place a wager as described in this |
15 | chapter. |
16 | (39) "Self-exclusion" means the process that allows a person to voluntarily request that |
17 | they not be allowed at a place that allows gambling or to otherwise be allowed to place a wager in |
18 | person or remotely. |
19 | (40) "Spread betting" is a form of gambling in which stakes are placed not on the results |
20 | of contests but on the difference in the number of points scored between persons or teams. |
21 | Winnings and losses are calculated according to the accuracy or inaccuracy of the prediction. |
22 | (41) "Straight bet" means a singular wager using a point spread to determine the winner |
23 | of an event between two (2) persons or teams. |
24 | (42) "Transaction" means and includes both the initial cost of placing a wager and any |
25 | winnings resulting from a wager. |
26 | (43) "Vendors" mean and includes all contractors, subcontractors, independent |
27 | contractors and other non-traditional employees hired or contracted by the licensee for the |
28 | purpose of furthering their business. |
29 | (44) "Wager" or "bet" means to risk money on the unknown result of an event with the |
30 | hope of making more money. |
31 | 41-12-2. Certain activities permitted. |
32 | (a) Within the department of business regulation there shall be a division of sports |
33 | betting. The division shall supervise the enforcement of all laws relating to the regulation and |
34 | control of sports betting. The division shall exercise all powers and duties prescribed by this |
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1 | chapter and all other acts relative to the licensing and regulation of sports betting, including, but |
2 | not limited to, promulgating those rules and regulations it deems necessary to protect the integrity |
3 | of the activities prescribed in this chapter. |
4 | (b) The department of business regulation may permit a holder of a sports betting license |
5 | to offer and accept wagers within and without this state; provided, that those licensees without a |
6 | physical presence in the state and accepting wagers remotely from residents or persons located |
7 | within the state at the time the wager was placed agree to be subject to the jurisdiction of the state |
8 | as provided for in this chapter. |
9 | 41-12-3. Licenses issued by department of business regulation. |
10 | (a) The right, power, and jurisdiction to issue sports betting licenses are vested solely in |
11 | the department of business regulation; provided, that before the department issues any license for |
12 | a betting parlor, it shall first receive the approval of the licensing authority of the town or city in |
13 | which the premises covered by the license are located; and, provided further, that the number of |
14 | licenses for betting parlors in the state shall be limited to nine (9) of which: |
15 | (1) One license is available to each of the five (5) counties; |
16 | (2) One license is to be provided to any casino licensed and in operation in the state |
17 | before November 6, 2018; |
18 | (3) Additional licenses are to be made available to any of the counties for each additional |
19 | one hundred and fifty thousand (150,000) inhabitants as determined by the latest census taken |
20 | under the authority of the United States or of this state; and |
21 | (4) No more than one license per city or town. |
22 | (b) Notwithstanding the provisions of this section or any general or special law to the |
23 | contrary, no city or town shall restrict the holder of an operational betting license from areas |
24 | already zoned for the size and type of business that may be proposed. |
25 | 41-12-4. Licenses - types. |
26 | Notwithstanding gambling facilities licensed by the state before November 6, 2018, the |
27 | department of business regulation shall establish a number of license classifications it deems |
28 | necessary to effect the purposes of this chapter. Such classification of licenses for sports betting |
29 | shall include, but not be limited to: |
30 | (1) An operational betting license regulating the wagering activities offered within and |
31 | without the state by remote means and the ancillary operations supporting such business |
32 | including, but not limited to, customer service, computer operators, technical help and |
33 | supervisory staff; |
34 | (2) A remote betting license regulating wagering activities offered to residents of the state |
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1 | and those persons physically located within the state's boundaries at the time they place their |
2 | wagers by telephonic and other electronic means; |
3 | (3) A betting parlor license regulating operations offering wagering activities, with a |
4 | physical presence in the state approved by the hosting community and licensed to sell alcoholic |
5 | beverages and further classified by: |
6 | (i) Those entities that have an ownership interest in both the licensed premises and the |
7 | sports betting license; |
8 | (ii) Those entities that have an ownership interest in the licensed premises and are in |
9 | partnership with the holder of the sports betting license; |
10 | (iii) Those entities that have an ownership interest in the licensed premises and have |
11 | licensing agreements in place to use the platform provided by the holder of the sports license; and |
12 | (iv) Those entities that have an ownership interest in the licensed premises and have a |
13 | licensing agreement in place with the Rhode Island lottery; |
14 | (4) A betting premises' license regulating operations offering wagering activities |
15 | governed by this chapter, with a physical presence in the state approved by the hosting |
16 | community and with no license to sell alcoholic beverages. |
17 | 41-12-5. Licenses - fees. |
18 | Notwithstanding any gambling facility licensed by the state before November 6, 2018, |
19 | the department of business regulation shall establish fees for each classification of license granted |
20 | for sports betting as provided for in § 41-12-4. |
21 | (1) Operational betting license. There is hereby established a yearly licensing fee for the |
22 | holders of operational betting licenses based on the licensees' annual gross gambling yield |
23 | (AGGY) on remote wagers regulated by this chapter in the previous year and does not include |
24 | any wagers placed at a physical location in which the operator may have an additional business |
25 | interest. |
26 | (i) If AGGY is: The annual licensing fee is: |
27 | Less than $10,000,000 $50,000 |
28 | More than $10,000,000 $100,000 |
29 | but less than $50,000,000 |
30 | More than $50,000,000 $150,000 |
31 | but less than $100,000,000 |
32 | More than $100,000,000 $250,000 |
33 | but less than $250,000,000 |
34 | More than $250,000,000 $500,000 |
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1 | (ii) Upon the issuance of an operational betting license, the licensee shall pay one |
2 | hundred thousand dollars ($100,000) towards the first year's annual fee with a remainder due after |
3 | an accounting of the annual gross gambling yield and based upon the fee structure provided for in |
4 | this section. |
5 | (iii) The licensing fee established in this subsection is in addition to any other fee |
6 | established by this or any other chapter. |
7 | (2) Remote betting license. There is hereby established a yearly licensing fee for the |
8 | holders of remote operating licenses based on the licensees' annual gross gambling yield (AGGY) |
9 | on remote wagers regulated by this chapter in the previous year and does not include any wagers |
10 | placed at a physical location in which the operator may have an additional business interest. |
11 | (i) If AGGY is: The annual licensing fee is: |
12 | Less than $1,000,000 $20,000 |
13 | More than $1,000,000 $50,000 |
14 | but less than $5,000,000 |
15 | More than $5,000,000 $75,000 |
16 | but less than $15,000,000 |
17 | More than $15,000,000 $150,000 |
18 | but less than $50,000,000 |
19 | More than $50,000,000 $200,000 |
20 | (ii) Upon the issuance of a remote operating license, the licensee shall pay forty thousand |
21 | dollars ($40,000) towards the first year's annual fee with a remainder due after an accounting of |
22 | the annual gross gambling yield and based upon the fee structure provided for in this section. |
23 | (iii) The licensing fee established in this subsection is in addition to any other fee |
24 | established by this or any other chapter. |
25 | (3) Betting parlor license. There is hereby established a yearly licensing fee for the |
26 | holders of a license to operate a betting parlor based on the annual gross gambling yield (AGGY) |
27 | of wagers regulated by this chapter in the previous year and placed at the physical location of the |
28 | licensee. |
29 | (i) If AGGY is: The annual licensing fee is: |
30 | Less than $1,000,000 $2,500 |
31 | More than $1,000,000 $10,000 |
32 | but less than $5,000,000 |
33 | More than $5,000,000 $20,000 |
34 | (ii) Upon the issuance of a betting parlor license, the licensee shall pay five thousand |
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1 | dollars ($5,000) towards the first year's annual fee with a remainder due after an accounting of the |
2 | annual gross gambling yield and based upon the fee structure provided for in this section. |
3 | (iii) The licensing fee established in this subsection shall be shared equally between the |
4 | state and the hosting community and is in addition to any other fee established by this or any |
5 | other chapter. |
6 | (iv) Notwithstanding the holding of any other gaming license by the holder of a license to |
7 | operate a betting parlor and regardless if the account was set up at the physical location where |
8 | this fee is being applied, the calculation of the annual gross gambling yield used to establish the |
9 | licensing fee does not include wagers placed remotely. |
10 | (4) Betting premises license. There is hereby established a yearly licensing fee for the |
11 | holders of a license to operate a betting parlor premises on the annual gross gambling yield |
12 | (AGGY) of wagers regulated by this chapter in the previous year and placed at the physical |
13 | location of the licensee. |
14 | (i) If AGGY is: The annual licensing fee is: |
15 | Less than $1,000,000 $2,500 |
16 | More than $1,000,000 $10,000 |
17 | but less than $5,000,000 |
18 | More than $5,000,000 $20,000 |
19 | (ii) Upon the issuance of a betting premises license, the licensee shall pay five thousand |
20 | dollars ($5,000) towards the first year's annual fee with a remainder due after an accounting of the |
21 | annual gross gambling yield and based upon the fee structure provided for in this section. |
22 | (iii) The licensing fee established in this subsection shall be shared equally between the |
23 | state and the hosting community and is in addition to any other fee established by this or any |
24 | other chapter. |
25 | (iv) Notwithstanding the holding of any other gaming license by the holder of a license to |
26 | operate a betting premises and regardless if the account was set up at the physical location where |
27 | this fee is being applied, the calculation of the annual gross gambling yield used to establish the |
28 | licensing fee does not include wagers placed remotely. |
29 | 41-12-6. Restrictions and penalties. |
30 | (a) Any person, firm, partnership, association or corporation that accepts wagers as |
31 | described by this chapter and is not licensed by the department or otherwise licensed by another |
32 | state, territory or country, shall be fined one thousand dollars ($1,000) for each transaction arising |
33 | out of contacts with persons physically located in Rhode Island at the time of the transaction and |
34 | the matter shall be referred to the office of the attorney general. |
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1 | (b)(1) Any person, firm, partnership, association or corporation that accepts wagers as |
2 | described by this chapter and is not licensed by the department, but is otherwise licensed by |
3 | another state, territory or country, shall be fined one thousand dollars ($1,000) for each |
4 | transaction arising out of contacts with persons physically located in Rhode Island at the time of |
5 | the transaction and be required to become licensed under the provisions of this chapter or have |
6 | the matter referred to the office of attorney general. |
7 | (c) In any prosecution under the laws of this state, it shall be an irrebutable presumption |
8 | that any person, firm, partnership, association or corporation accepting wagers authorized by this |
9 | chapter without the proper licensing knowingly participated in gambling activities. |
10 | 41-12-7. Licensees - qualifications. |
11 | (a) No license shall be issued, granted, renewed, or transferred to any trust or trustee or to |
12 | any corporation of which any share or shares of stock or other indicia of ownership or control are |
13 | owned or held by any trust, or trustee, business organization, or other entity or person other than a |
14 | natural person or corporation authorized by the secretary of state to transact business in this state |
15 | and with a physical presence in the United States. |
16 | (b) No persons, firms, partnerships, associations, or corporations having an ownership |
17 | interest or is otherwise responsible as the governing body of a team, league or otherwise having a |
18 | business or personal connection to the outcome of the events being wagered on may be licensed |
19 | or have an interest in a business operation provided for in this chapter. |
20 | (c) All those corporations holding a sports betting license shall report to the department |
21 | the name of any newly elected officer or director and the acquisition by any person of more than |
22 | ten percent (10%) of any class of corporate stock, within thirty (30) days after the election or |
23 | acquisition. Thereupon, the department or director may call a hearing, at its discretion, to |
24 | determine whether the new officer, director or stockholder is a suitable person under this section |
25 | and the board, body or official may revoke or suspend the license if the new officer or director or |
26 | stockholder is not a suitable person to hold a license. |
27 | (d) No person shall acquire fifty percent (50%) or more of any class of the stock of any |
28 | corporation licensed under this section, except corporations having more than twenty-five (25) |
29 | stockholders, unless permission for the acquisition is first given by the department. Application |
30 | for permission to acquire stock is subject to the provisions of § 41-12-16 relating to the transfer of |
31 | a license to another person except that it shall not be necessary that a new bond be given. Unless |
32 | the department determines that the person seeking permission to acquire fifty percent (50%) or |
33 | more of the corporation's stock is a suitable person to hold a license, permission shall not be |
34 | given. |
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1 | (e) The sports betting license of a corporation is subject to suspension or revocation for |
2 | failure to comply with any of the provisions of this section or for any fraud or misrepresentation |
3 | in connection with the license. |
4 | 41-12-8. Escrow account. |
5 | (a) The department shall determine an appropriate amount and require that before a |
6 | license is granted that each licensee place a bond in escrow to ensure that there exists adequate |
7 | reserves to pay off persons covered by this chapter. |
8 | (b) After each year's accounting, the department may determine that additional amounts |
9 | be placed in escrow to support the reserves. |
10 | (c) The licensee may maintain the bond at any financial institution licensed and regulated |
11 | by the state and shall be the beneficiary of any interest earned thereunder. |
12 | (d) In any dissolution, the monies owed to account holders covered by this chapter shall |
13 | be paid out of the escrow account before any taxes or fees owed to the state. |
14 | 41-12-9. Licensing - application. |
15 | (a) All persons, firms, partnerships, associations, or corporations desiring to operate any |
16 | gaming business authorized by this chapter, shall submit an application for a license to the |
17 | department of business regulation on such forms and in such a manner as prescribed by |
18 | regulations of the department, and along with a processing fee of five thousand dollars ($5,000) |
19 | provide and include: |
20 | (1) A list of all of the entity's principals, and for each principal: |
21 | (i) A national criminal records check initiated through the bureau of criminal |
22 | identification of the department of the attorney general; |
23 | (ii) Information as to financial standing; and |
24 | (iii) All releases and authorizations necessary to facilitate the purpose of this subsection |
25 | signed by the individual. |
26 | (2) A list of all the entity's key employees, and for those key employees: |
27 | (i) A national criminal records check initiated through the bureau of criminal |
28 | identification of the department of the attorney general that shall include fingerprints submitted to |
29 | the Federal Bureau of Investigation (FBI); |
30 | (ii) Information as to financial standing; and |
31 | (iii) All releases and authorizations necessary to facilitate the purpose of this subsection |
32 | signed by the individual. |
33 | (3) A list of all persons, corporations or other businesses providing any financing to the |
34 | applicant and any interest, whether direct or indirect, by any other person, firm or corporation in |
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1 | the license applied for; |
2 | (4) A list of all vendors whose work for or contract with the licensee may affect the |
3 | public's trust in the granting of a license authorized under this chapter; |
4 | (5) A list of all vendors whose work for, or contract with the licensee may allow them |
5 | access to the private information of participants; |
6 | (6) The names of vendors, agents and subcontractors performing work or other activities |
7 | on the entity's behalf in furtherance of operations with connections to the state or as part of its |
8 | application for a license; and |
9 | (7) Any additional information from the principals and key employees the department |
10 | deems will aid in its decision making process as to their: moral character; previous employment; |
11 | corporate, partnership or association affiliations; ownership of personal assets; and such other |
12 | information necessary to protect the interests of the state and consumers. The department shall |
13 | have the right to reject any applications for a license to operate games under this chapter for any |
14 | cause, which it may deem sufficient. Applicants aggrieved by a decision or order of the |
15 | department shall have the right to an appeal to the department of business regulation pursuant to |
16 | chapter 35 of title 42 (the administrative procedures act). |
17 | (b) Every applicant and licensee has a continuous obligation to update and forward to the |
18 | department information required by subsection (a) of this section as it becomes known to them. |
19 | (c) An entity that knowingly fails to self-report its failure to provide an accurate list as |
20 | required by subsection (a) of this section, or update its information as required by subsection (b) |
21 | of this section shall have its license application denied. |
22 | (d) The department shall reject any application for a license under this chapter if any of |
23 | the principals or key employees listed in the application are found to have disqualifying |
24 | information as provided for in § 42-12-12. The department shall refuse to reconsider the entity's |
25 | application until such time that the department is satisfied that the person whom was disqualified |
26 | under § 42-12-12 is no longer a principal or key employee of the entity. |
27 | (e) Final action on an application before the department shall not be taken until such time |
28 | as the names and addresses of the principals have been made public and a public hearing |
29 | scheduled. |
30 | (f) Only persons, firms, partnerships, associations, or corporations whose application has |
31 | been approved under this section, may contact a community or property owner or otherwise |
32 | negotiate, solicit or contract for any business opportunities related to a sports betting license. |
33 | (g) Notwithstanding any of the provisions of this section, no approval of an application |
34 | by the department shall guarantee the granting of a license. |
| LC005892 - Page 12 of 28 |
1 | 41-12-10. Licensing of employees. |
2 | (a) The department shall establish by regulations occupational licensing requirements for |
3 | positions it determines may provide employees access to private information provided by bettors |
4 | or account holders, and any other such persons it determines may affect consumer confidence in |
5 | the licensee. |
6 | (b) Any person required to possess an occupational license as provided for in this section |
7 | shall submit to a national criminal records check initiated through the bureau of criminal |
8 | identification of the department of the attorney general that shall include fingerprints submitted to |
9 | the FBI and be subject to the provisions of § 42-12-12. |
10 | (c) The cost of the licensing requirements of this section shall be paid by the entity, and |
11 | shall include one hundred and fifty percent (150%) of the total salaries and benefits for the state |
12 | employees engaged in the licensing and regulating of the games authorized by this chapter. The |
13 | funds shall be deposited as restricted receipts for the use of the state and shall be in addition to |
14 | any taxes and fees otherwise payable to the state. |
15 | (d) All employees regulated under this section shall, upon obtaining the license, maintain |
16 | upon their person while working an identification badge containing a unique identification |
17 | number, issued or authorized by the department of business regulation under rules and regulations |
18 | promulgated by the department. |
19 | (e) For employees of the entity there shall be a license fee paid yearly as set forth below: |
20 | (1) Key employees - three hundred dollars ($300); |
21 | (2) Supervisory or exempt employees - two hundred dollars ($200); |
22 | (3) Operation employees who have access to private or personal information - one |
23 | hundred fifty dollars ($150); and |
24 | (4) Service employees or customer service representatives who have contact with |
25 | participants, but do not have access to private or personal information, one hundred dollars |
26 | ($100). |
27 | 41-12-11. Licensing of software companies, independent contractors and employees. |
28 | (a) All persons, firms, associations, or corporations employed or contracted by a licensee |
29 | under this chapter in providing computer and software services involving online wagering and |
30 | security, shall apply for a license to the department of business regulation upon such forms and in |
31 | such manner prescribed by regulations of the department, and along with a processing fee of two |
32 | thousand dollars ($2,000), provide and include: |
33 | (1) A list of all of the entity's principals, and for each principal: |
34 | (i) A national criminal records check initiated through the bureau of criminal |
| LC005892 - Page 13 of 28 |
1 | identification of the department of the attorney general; |
2 | (ii) Information as to financial standing; and |
3 | (iii) All releases and authorizations necessary to facilitate the purposes of this subsection |
4 | signed by the individual. |
5 | (b) All traditional and non-traditional employees working on projects or materials |
6 | contracted by the licensee in subsection (a) of this section who may have access to private |
7 | information provided by account holders shall be licensed by the department on forms prescribed |
8 | by regulations of the department. Any person required to possess an occupational license as |
9 | provided for in this subsection shall submit to a national criminal records check initiated through |
10 | the bureau of criminal identification of the department of the attorney general that shall include |
11 | fingerprints submitted to the FBI and be subject to the provisions of § 42-12-12. |
12 | (c) For all persons, firms, associations, or corporations employed or contracted by a |
13 | licensed operator and who are not already licensed under § 42-12-5 there shall be a license fee |
14 | paid yearly as set forth below: |
15 | (1) Software development companies - one thousand dollars ($1,000); |
16 | (2) Software engineers or independent contractors - three hundred dollars ($300); and |
17 | (3) Computer operators and technicians - one hundred fifty dollars ($150). |
18 | (d) All individual applicants for licensing under this section shall be fingerprinted, and, |
19 | upon obtaining the license, shall maintain upon their person while working an identification |
20 | badge containing a unique identification number, issued or authorized by the department. |
21 | 41-12-12. Criminal checks – disqualifying information. |
22 | (a) Any person required to submit to a criminal background check as provided for in §§ |
23 | 41-12-9 and 41-12-10 shall be disqualified from obtaining the necessary licensure if information |
24 | produced by a national criminal records check finds the applicant was convicted of any of the |
25 | following crimes: |
26 | (1) Murder; |
27 | (2) Voluntary manslaughter; |
28 | (3) Involuntary manslaughter; |
29 | (4) First-degree sexual assault; |
30 | (5) Second-degree sexual assault; |
31 | (6) Third-degree sexual assault; |
32 | (7) Assault on persons sixty (60) years of age or older; |
33 | (8) Assault with intent to commit specified felonies (murder, robbery, rape, burglary, or |
34 | the abominable and detestable crime against nature); |
| LC005892 - Page 14 of 28 |
1 | (9) Felony assault; |
2 | (10) First-degree arson; |
3 | (11) Robbery; |
4 | (12) Felony drug offenses; |
5 | (13) Felony obtaining money under false pretenses; |
6 | (14) Felony embezzlement, abuse, neglect, and/or exploitation of adults with severe |
7 | impairments; |
8 | (15) Exploitation of elders; |
9 | (16) Felony larceny; |
10 | (17) Felony banking law violations; or |
11 | (18) A crime involving gambling activities or fraud. |
12 | (b) Information produced by a national criminal records check pertaining to convictions |
13 | for crimes other than those listed in subsection (a) of this section shall entitle the department to |
14 | decline to license to the applicant if the department makes a good faith determination based on |
15 | the information it has that the applicant would pose a risk that might affect the public's faith in the |
16 | operation, or the private information of the participants. |
17 | (c) For purposes of this section, "conviction" means, in addition to judgments of |
18 | conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
19 | where the defendant has entered a plea of nolo contendere and has received a sentence of |
20 | probation and those instances where a defendant has entered into a deferred sentence agreement |
21 | with the attorney general. |
22 | (d) Persons licensed under this chapter shall have a continuous duty to inform the |
23 | department and their employer of any change of status to any information that may disqualify |
24 | them from being licensed. |
25 | (e) At the conclusion of any background check required by this chapter, the state police |
26 | or the local police department will promptly destroy the fingerprint card of the applicant. |
27 | 41-12-13. Duty to maintain employee and other records. |
28 | (a) Each licensed operator shall keep a list of all persons licensed under this chapter |
29 | whom they employ, hire, or contract with, at their physical office, any place where records |
30 | subject to inspection under this chapter are kept, and at the physical location of any building or |
31 | office where those persons licensed normally work. |
32 | (b) Each list required under this section shall include the full name, license number and |
33 | expiration date of the license as well as any other information the department deems appropriate. |
34 | (c) As part of its responsibility to maintain records each entity shall have and keep on a |
| LC005892 - Page 15 of 28 |
1 | form provided by the department a statement attested to by each person holding a license that in |
2 | the period since their background check they have not been convicted of a crime provided for in § |
3 | 41-12-12. |
4 | 41-12-14. License suspension and revocation - violations. |
5 | (a) The department may suspend or revoke the license of any entity offering odds and |
6 | accepting wagers under this chapter for a singular or cumulative violation of the provisions of this |
7 | chapter, if the department in its judgment determines that these violation(s) indicate a lack of |
8 | trustworthiness on the part of the licensee or may otherwise negatively affect the people of the |
9 | state. |
10 | (b) Licensees aggrieved by a decision or order of the department under this section shall |
11 | have the right to an appeal pursuant to chapter 35 of title 42 (the administrative procedures act). |
12 | 41-12-15. Revocation of license - convictions. |
13 | (a) If any licensed person or principal is subsequently convicted of any of the following |
14 | crimes: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, |
15 | second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of |
16 | age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or |
17 | the abominable and detestable crime against nature), felony assault, first-degree arson, robbery, |
18 | felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, |
19 | neglect, and/or exploitation of adults with severe impairments, exploitation of elders, felony |
20 | larceny, felony banking law violations, or a crime involving gambling activities or fraud, their |
21 | license shall be revoked and their interest transferred. |
22 | (b) For purposes of this section, "conviction" means, in addition to judgments of |
23 | conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
24 | where the defendant has entered a plea of nolo contendere and has received a sentence of |
25 | probation and those instances where a defendant has entered into a deferred sentence agreement |
26 | with the attorney general. |
27 | 41-12-16. Transfer of license. |
28 | (a) The department shall permit the license to be transferred among persons holding an |
29 | interest in the same license without restriction; provided, that if the license is intended to be |
30 | transferred to persons or entity without an existing interest in the license, the department shall, |
31 | before permitting the transfer, give notice of the application for the transfer in the same manner as |
32 | is provided in this chapter in the case of original application for the license, and a new bond shall |
33 | be given upon the issuance of the license. |
34 | (b) In all cases of transfer of license, indebtedness of the licensee incurred in the |
| LC005892 - Page 16 of 28 |
1 | operation of the licensed premises shall be paid to or released by an objecting creditor before the |
2 | issuing body permits the transfer. In cases of dispute as to the amount of indebtedness, the issuing |
3 | body, may, in its discretion, permit the transfer upon statement of the licensee, under oath, that |
4 | the claim of indebtedness is disputed and that the statement of dispute is not interposed for the |
5 | purpose of inducing transfer of the license. No creditor is allowed to object to the transfer of a |
6 | license by a receiver, trustee in bankruptcy, assignee for the benefit of creditors, executor, |
7 | administrator, and guardian or by any public officer under judicial process. In case of the death of |
8 | any licensee, the license becomes part of the personal estate of the deceased, but interest in the |
9 | license shall not pass except as provided in subsection (a) of this section. |
10 | (c) The transfer of a license is contingent upon the full payment of any outstanding debt |
11 | owed the state or municipality. |
12 | (d) The transferee of a license assumes all penalties that the license board has imposed |
13 | upon the transferor of the license. |
14 | 41-12-17. Prohibition against assignment or leasing of license. |
15 | (a) The holder of a license issued pursuant to this title shall not assign, rent, lease or let |
16 | the license without the approval of the department but may transfer their interest only as provided |
17 | in § 14-12-16(a). |
18 | 41-12-18. Licensing agreements. |
19 | Notwithstanding the prohibitions set forth in § 41-12-17, the department shall promulgate |
20 | those rules and regulations necessary to allow persons or entities whose application has been |
21 | approved or is already licensed under this chapter to form a partnership or otherwise enter into a |
22 | licensing agreement for the purpose of furthering their business. |
23 | 41-12-19. Online wagering. |
24 | (a) Before any resident of the state opens an account with a licensed operator and places a |
25 | wager online, they must attest that they are eighteen (18) years of age or older and that their name |
26 | does not appear on any self-exclusion list. |
27 | (1) Nothing within this section shall restrict the licensee from taking any legal measures it |
28 | deems necessary to ensure that all participants are the legal age, including, but not limited to, |
29 | requiring that participants to provide the licensee a signed and notarized document attesting to |
30 | their age. |
31 | (2) For the purposes of this section, any minor who attests to being of proper age or any |
32 | other person who signs in place of a notary for the purpose of proving eligibility to playing a |
33 | game under this chapter shall be guilty of filing a false document pursuant to § 11-18-1. |
34 | (b) Each person desiring to open an account for the purpose of placing a wager online, by |
| LC005892 - Page 17 of 28 |
1 | telephonic or other electronic means shall provide to the licensee: |
2 | (1) A physical address not a post office box; |
3 | (2) A phone number; |
4 | (3) A unique user name; |
5 | (4) A bank account, in their own name, and routing number to transact with; |
6 | (5) Social security number; and |
7 | (6) An active email account. |
8 | (c) Persons are limited to one account and one unique user name for each authorized site |
9 | they join. Licensees shall take all reasonable and necessary steps to ensure that participants only |
10 | have one account. |
11 | 41-12-20. Protection of private information. |
12 | (a) The licensee shall, in addition to any requirement of federal or state law on data |
13 | security, take all other additional steps necessary to protect the private information of its players |
14 | as is the standard in the industry. |
15 | (b) The licensee shall maintain an adequate level of insurance as determined by the |
16 | department to protect against any harm caused by the release of any account holder's private |
17 | information. |
18 | 41-12-21. Funds on account. |
19 | (a) The funding of an account shall be limited to cash transactions. For the purpose of this |
20 | chapter, cash transaction means and includes: |
21 | (1) Cash, deposited at a physical location of the licensee; |
22 | (2) Electronic bank transfer (EBT) of funds; |
23 | (3) Western Union or other telegraphic transfer requiring cash to initiate the transaction; |
24 | and |
25 | (4) Any other method approved by rule or regulation by the department that can be |
26 | funded only by cash and not by credit. |
27 | (b) Monies or credits deposited or owed to a player remain the property of the player until |
28 | such time their value is withdrawn in part or in whole by check or electronic transfer, or any |
29 | portion thereof is deducted from the account as part of a separate and distinct wager. |
30 | (c) It is the responsibility of the licensee who holds these funds in trust, to ensure that all |
31 | appropriate safeguards and accounting measures are in place to: |
32 | (1) Prevent co-mingling of an account holder's monies or credits with the funds or |
33 | accounts of the licensee or other account holders; and |
34 | (2) Prevent unauthorized withdrawals from within and without the operations. |
| LC005892 - Page 18 of 28 |
1 | 41-12-22. Prohibition on extension of credit. |
2 | No licensee, not already in operation before November 6, 2018, shall offer or accept the |
3 | extension of credit to a bettor or account holder who is a resident of the state or is physically |
4 | located within its boundaries. |
5 | 41-12-23. Transaction - records. |
6 | For every deposit or withdrawal made to an account, or transaction between the host and |
7 | account holder, the host shall confirm such activity by email or other means agreed to by the |
8 | account holder. |
9 | 41-12-24. Wagers - prohibited. |
10 | Sports wagering shall be prohibited in connection with any collegiate sports or athletic |
11 | event that takes place in Rhode Island or a sports contest or athletic event in which any Rhode |
12 | Island college team participates, regardless of where the event takes place. |
13 | 41-12-25. Wagers – persons prohibited. |
14 | (a) No person participating actively or having the ability to affect the outcome of the real- |
15 | world sporting event shall be allowed to place a wager on the outcome of that event. |
16 | (b) Any licensee who knowingly accepts a wager from a person prohibited from |
17 | wagering on an event as described in subsection (a) of this section, shall have their license |
18 | revoked after a hearing held in accordance with chapter 35 of title 42 (the administrative |
19 | procedures act). |
20 | 41-12-26. Minors prohibited. |
21 | (a) No minor shall be allowed entrance to that part of a licensed facility where the |
22 | offering of odds and wagering occur. |
23 | (b) No licensee shall knowingly or negligently permit any minor to wager on an event |
24 | authorized by this chapter. |
25 | (c) It shall not be an absolute defense that a minor self-reported as being over eighteen |
26 | (18) years of age for the purpose of opening an account and wagering by telephonic or other |
27 | electronic means under this chapter. |
28 | (d)(1) Upon notification by a parent or guardian that their minor child has a registered |
29 | account, the licensee shall return immediately to the parent or guardian the amount presently in |
30 | the account that combined with withdrawals already made does not exceed the total amount of |
31 | deposits made by the minor. |
32 | (2) After a hearing is held in accordance with chapter 35 of title 42 (the administrative |
33 | procedures act), the department may, if it determines the licensee did not take adequate steps to |
34 | prove the identity of a minor, direct the licensee to return to the parents or guardian all the |
| LC005892 - Page 19 of 28 |
1 | deposits made by the minor along with the remainder of the account. |
2 | 41-12-27. Odds - fixed. |
3 | (a) Unless a wager is part of a pari-mutuel or other type of pool betting, the odds offered |
4 | and the amount to be paid on the result of an event or series of events shall be fixed and certain |
5 | and made available in advance of a wager being placed in clear and concise language. |
6 | (b) Upon the placing of a wager, unless the wager is part of a pari-mutuel pool, the bettor |
7 | shall be provided with a ticket or other record approved by the department confirming the wager |
8 | and describing the amount risked and the amount to be paid for correctly wagering on the result |
9 | of an event or series of events. |
10 | 41-12-28. Wagers - generally. |
11 | Notwithstanding wagers prohibited by §§ 41-12-25 or 41-12-26 or otherwise procured by |
12 | unlawful means or through cheating, each wager shall be treated as an enforceable contract. |
13 | 41-12-29. Wagers - types. |
14 | The department of business regulation is authorized by rule or regulation to determine the |
15 | type of wagers that shall not be offered under this chapter because they are against public policy |
16 | or are otherwise unfair to consumers. |
17 | (1) If the department has a good faith basis for determining that a wager being offered |
18 | under this chapter is against public policy or is unfair to consumers but is not prohibited by rule |
19 | or regulation, it may enjoin the licensee from offering such wager until a hearing is held, as soon |
20 | as practicable, before the department. |
21 | (2) Licensees aggrieved by a decision or order of the department under this section shall |
22 | have the right to an appeal pursuant to chapter 35 of title 42 (the administrative procedures act). |
23 | 41-12-30. Transaction fees. |
24 | Each licensee offering odds and accepting wagers under this chapter shall pay to the |
25 | state, and there is hereby imposed a transaction fee computed at one percent (1%) of the total |
26 | money exchanged, whether that exchange occurs as part of the wager or as payment for selecting |
27 | the correct outcome of events. For the purpose of this section, "transaction" does not include |
28 | depositing or withdrawing funds from an account used to wager. |
29 | 41-12-31. Taxes. |
30 | Any winning payments made to residents or persons who were physically located in the |
31 | state at the time the wager was placed shall be taxed at a rate determined by the type of wager |
32 | made. |
33 | Type of wagers Tax on winning wager |
34 | For straight spread bets One percent (1%) |
| LC005892 - Page 20 of 28 |
1 | made on the occurrence of a singular |
2 | event between two (2) persons or teams. |
3 | For money line or fixed odds bets Three percent (3%) |
4 | made on the occurrence of a singular |
5 | event between two (2) persons or teams. |
6 | For live betting. Five percent (5%) |
7 | For future bets Fifteen percent (15%) |
8 | For parlays of spread or money-line bets Fifteen percent (15%) |
9 | For proposition bets. Fifteen percent (15%) |
10 | 41-12-32. Accounting system - supervision. |
11 | The department shall devise a system of accounting to provide for all transactions |
12 | involving wagers covered by this chapter and shall have the right of inspection in a manner to |
13 | ensure that the rights of the state are protected, and shall collect all fees and licenses under such |
14 | rules and regulations as it shall prescribe. |
15 | 41-12-33. Entry of premises for inspection. |
16 | The department may authorize its employees or duly authorized deputies to enter upon |
17 | the premises of any facility, within or without the state, utilized by the licensee to operate |
18 | activities covered by this chapter, for the purpose of inspecting books and records kept as |
19 | required by the chapter, or to make any other inspection of the premises necessary to protect the |
20 | interests of the state and its consumers. |
21 | 41-12-34. Payments to the state. |
22 | Each licensee shall pay quarterly to the state, for deposit in the general fund, all |
23 | transaction fees and taxes withheld by it in the previous quarter. |
24 | 41-12-35. Collection of taxes – interest on delinquencies – failure to pay on demand. |
25 | The tax administrator shall assess and collect the taxes and fees imposed by this chapter |
26 | under such rules and regulations as the administrator may prescribe. All taxes and fees hereby |
27 | imposed shall be due and payable at the time required by this section. Any tax or fee not paid |
28 | upon demand of the tax administrator shall bear interest at the rate of six percent (6%) per annum |
29 | from the time of the demand. Failure to pay any tax or fee upon demand shall be cause for |
30 | revocation of a license. |
31 | 41-12-36. Obstruction. |
32 | Any person who hinders or obstructs an officer or agent of the state from entering any |
33 | place mentioned in this chapter is, upon conviction, guilty of obstructing an officer and liable to |
34 | the penalty imposed in § 11-32-1. |
| LC005892 - Page 21 of 28 |
1 | 41-12-37. Advertising - prohibited. |
2 | (a) No licensee shall directly or indirectly advertise or promote activities offered or |
3 | authorized by this chapter towards minors. Such prohibitions shall extend to all: public or private |
4 | schools of higher or lower education, amateur, school or college sporting venues or other places |
5 | where a significant number of the guests or audience members will be minors. |
6 | (b) The department shall investigate on its own or by complaint any advertising that a |
7 | reasonable person would believe is targeted towards minors. If the department determines that the |
8 | advertising is being targeted towards minors in violation of this section, it shall require that the |
9 | advertising stop or be removed. |
10 | (c) An entity wishing to challenge a restriction placed on its advertising may request a |
11 | hearing on the matter pursuant to chapter 35 of title 42 (the administrative procedures act). |
12 | (d) Nothing in this section shall prohibit any organization, public or private, from |
13 | determining on their own to refuse or restrict advertisements offered by licensees on their |
14 | premises or within their control. |
15 | 41-12-38. Jurisdiction. |
16 | (a) Notwithstanding the physical location of the licensee, for the purposes of this chapter |
17 | any activity involving an account set up by a resident of the state or a wager placed by a person |
18 | physically located within the boundaries of the state is deemed to have occurred in the state. |
19 | (b) All cases or matters not subject to the provisions of chapter 35 of title 42 (the |
20 | administrative procedures act) shall be subject to a Rhode Island state court with appropriate |
21 | jurisdiction and such matters shall be determined under the general laws of the state without the |
22 | conflict of law provisions therein. |
23 | (c)(1) In exchange and consideration for being granted a license to offer odds and accept |
24 | wagers within the state, licensees are subject to the jurisdiction and laws of the state in all matters |
25 | related to their dealings with any resident or instrumentality of the state with regards to those |
26 | wagers authorized by this chapter. |
27 | (2) For the purposes of protecting the interests of the state and its citizenry, the |
28 | jurisdiction of the state extends to the physical location of the place the licensee maintains the |
29 | records and other materials required by this chapter to be made available for inspection. |
30 | 41-12-39. Settlement of disputes. |
31 | (a) The director shall promulgate rules and regulations necessary to establish a |
32 | "settlement office" within the department for the purpose of resolving disputes arising between |
33 | licensees and bettors in a quick and equitable manner as provided for by rule or regulation. |
34 | (b) The settlement office shall have the further responsibility of tracking, by licensee, the |
| LC005892 - Page 22 of 28 |
1 | complaints made to the office along with a brief description of the type of complaint and a |
2 | general description of their resolutions and report the findings at least annually to the general |
3 | assembly. After the report is received by the general assembly, the department shall make an |
4 | electronic version available on its website to provide consumers with information necessary to |
5 | make informed decisions. |
6 | (c) If at the time during processing of complaints, the office becomes aware or has a |
7 | reasonable suspicion about the solvency of any licensee through an increased number of |
8 | complaints for nonpayment, the office shall forward those suspicions immediately to the office |
9 | of the attorney general and the general assembly. |
10 | (d) The office shall be funded by the licensee and the positions filled only to the extent |
11 | necessary to accomplish the goals herein. |
12 | (e) Nothing shall prohibit a party not satisfied by the resolution proposed by the |
13 | settlement office from asserting a right or a claim in a court of proper jurisdiction. |
14 | 41-12-40. Duties of attorney general. |
15 | It shall be mandatory upon the attorney general to prosecute all civil and criminal cases |
16 | which shall be referred by the director to the attorney general. It shall be the duty of the |
17 | department of attorney general to prosecute actions, both civil and criminal, for those violations |
18 | of this chapter that come to its knowledge and to independently enforce the provisions of this |
19 | chapter. |
20 | 41-12-41. Self-exclusion. |
21 | The department shall develop and provide to each licensee a method for persons to |
22 | voluntarily exclude themselves from gambling activities and to place their name in a department |
23 | maintained register of self-excluded persons. |
24 | SECTION 3. Title 41 of the General Laws entitled "SPORTS, RACING, AND |
25 | ATHLETICS" is hereby amended by adding thereto the following chapter: |
26 | CHAPTER 13 |
27 | SPORTS BETTING - LOCAL LICENSING |
28 | 41-13-1. Local option – Questions put to electors. |
29 | (a) Before a betting parlor may be located in any town or city, the town council of the |
30 | town or the city council of the city shall pass a resolution to allow a referendum to be placed on |
31 | the ballot at the next general election to be submitted to the qualified electors of the town or city, |
32 | the following questions: |
33 | "Shall licenses for the operation of a betting premises as defined in chapter 12 of title 41, |
34 | be issued in this town (or city)?" |
| LC005892 - Page 23 of 28 |
1 | "Shall a retailer's Class B-BP beverage license provided for in § 3-7-7.8, be issued in this |
2 | town (or city)?" |
3 | (b) The question shall be submitted by the local board of canvassers to the electors of the |
4 | town or city where the facility or activity is to be located, and the results of the election shall be |
5 | certified to the secretary of state. |
6 | 41-13-2. Local licensing. |
7 | Upon the approval at referendum, any city or town council, the board of police |
8 | commissioners, or in the case of the city of Providence, the bureau of licenses, or any other |
9 | licensing board or authority in any city or town may, for any term not exceeding one year, issue a |
10 | license for a betting parlor to operate within an area in its respective city or town that live |
11 | entertainment is allowed by general or special permit. |
12 | (1) Notwithstanding the pre-existence of any license or initial application approval under |
13 | § 41-12-9, each city or town is free to determine which licensee or applicant it grants a license but |
14 | may revoke or refuse to renew any such license only upon the grounds that the place presents a |
15 | danger to the public health or safety. |
16 | 41-13-3. Notice and hearing on licenses. |
17 | (a) In applications for a license to operate a betting parlor before the appropriate city or |
18 | town licensing authority, no application shall be taken up until such time that the names and |
19 | addresses of principals, key employees and other persons required to submit to a background |
20 | check pursuant to § 41-12-12 are provided and made public. No license shall be issued by the city |
21 | or town to the corporation unless each officer, director or stockholder is a suitable person to hold |
22 | a license within the discretion of the board, body or official to whom application is made. |
23 | (b) Before granting a license to operate a betting parlor, the board, body or official to |
24 | whom application for the license is made, shall give notice by advertisement published once a |
25 | week for at least two (2) weeks in some newspaper published in the city or town where the |
26 | applicant proposes to carry on business, or, if there is no newspaper published in the city or town, |
27 | then in some newspaper having a general circulation in the city or town. The advertisement shall |
28 | contain the name of the applicant and a description by street and number or other plain |
29 | designation of the particular location for which the license is requested. Notice of the application |
30 | shall also be given, by mail, to all owners of property within two hundred feet (200') of the place |
31 | of business seeking the application. The notice shall be given by the board, body or official to |
32 | whom the application is made, and the cost of the application shall be borne by the applicant. The |
33 | notices shall state that remonstrants are entitled to be heard before the granting of the license, and |
34 | shall name the time and place of the hearing. At the time and place of the hearing, a fair |
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1 | opportunity shall be granted the remonstrants to make their objections before acting upon the |
2 | application. |
3 | 41-13-4. Building inspection as prerequisite to license. |
4 | (a)(1) A license shall not be issued under the provisions of this chapter until the building |
5 | to be used for which that license is desired, has been inspected by the inspector of buildings |
6 | appointed as provided in title 23 and the inspector has filed with the licensing authorities a |
7 | certificate, in writing, showing that the building meets, in all respects, the requirements of title 23, |
8 | and is otherwise safe to use for the purpose for which the license is desired; and |
9 | (2) Until the building has also been inspected by the chief of the respective fire |
10 | department or their assistants who shall also file with the licensing authorities a certificate, in |
11 | writing, showing that the building meets, in all respects, the requirements of the general and |
12 | public laws of this state for the protection of life and property against the menace of fire. |
13 | (b) If the building or apparatus does not meet those requirements or is otherwise unsafe, |
14 | then the license shall not be issued, and if any license is issued, that license is void. |
15 | (c) The city or town council may fix by ordinance a reasonable fee, related directly to the |
16 | cost of the inspection and other departmental operations, the amount of fee to be paid by the |
17 | licensee to the inspector for inspections made and that fee shall be paid to the city or town |
18 | treasurer for the use of the city or town. |
19 | 41-13-5. Obstruction. |
20 | Any person who hinders or obstructs an officer or agent of the city or town from entering |
21 | any place mentioned in this chapter is, upon conviction, guilty of obstructing an officer and liable |
22 | to the penalty imposed in § 11-32-1. |
23 | 41-13-6. Expiration date of license. |
24 | Every license for the operation of a betting parlor shall expire on December 1 after its |
25 | issuance. |
26 | 41-13-7. Relocation of license. |
27 | The board, body or official responsible for approving the location of a betting parlor |
28 | license under this chapter may permit the license to be used at any other place within the limits of |
29 | the town or city where the license was granted; provided, that the issuing body shall, before |
30 | permitting the change, give notice of the application for the relocation in the same manner as is |
31 | provided in this chapter in the case of an original application for the license, and a new bond shall |
32 | be given upon the issuance of the license. |
33 | 41-13-8. Transfer of license. |
34 | (a) The board, body or official responsible for approving the license shall permit the |
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1 | license to be transferred among persons holding an interest in the same license without restriction; |
2 | provided, that if the license is intended to be transferred to persons or an entity without an |
3 | existing interest in the license, the board shall, before permitting the transfer, give notice of the |
4 | application in the same manner as is provided in this chapter in the case of an original application |
5 | for the license, and a new bond shall be given upon the issuance of the license. |
6 | (b) In all cases of transfer of license, indebtedness of the licensee incurred in the |
7 | operation of the licensed premises shall be paid to or released by an objecting creditor before the |
8 | issuing body permits the transfer. In cases of dispute as to the amount of indebtedness, the issuing |
9 | body, may, in its discretion, permit the transfer upon statement of the licensee, under oath, that |
10 | the claim of indebtedness is disputed and that the statement of dispute is not interposed for the |
11 | purpose of inducing transfer of the license. No creditor is allowed to object to the transfer of a |
12 | license by a receiver, trustee in bankruptcy, assignee for the benefit of creditors, executor, |
13 | administrator, and guardian or by any public officer under judicial process. In case of the death of |
14 | any licensee, the license becomes part of the personal estate of the deceased, but the interest in |
15 | the license shall not pass except as provided in subsection (a) of this section. |
16 | (c) The transfer of a license is contingent upon the full payment of any outstanding debt |
17 | owed the state or municipality. |
18 | (d) The transferee of a license assumes all penalties that the license board has imposed |
19 | upon the transferor of the license. |
20 | 41-13-9. Prohibition against assignment or leasing of license. |
21 | The holder of a license issued pursuant to this title shall not assign, rent, lease or let the |
22 | license but may transfer their interest only as provided in §§ 41-12-16(a) and 41-13-9(a). |
23 | SECTION 4. Chapter 44-18 of the General Laws entitled "Sales and Use Taxes - |
24 | Liability and Computation" is hereby amended by adding thereto the following section: |
25 | 44-18-18.2. Local meals and beverage tax - Supplemental. |
26 | (a) There is hereby levied and imposed a two percent (2%) tax upon every purchaser of a |
27 | meal and/or beverage from a retailer issued a Class B-BP license as provided for in § 3-7-7.8, in |
28 | addition to § 44-18-18.1. The tax shall be paid to the tax administrator by the retailer at the time |
29 | and in the manner provided and divided equally between the state and the city or town where the |
30 | meals and beverages are delivered. |
31 | (b) All sums received by the division of taxation under this section as taxes, penalties, or |
32 | forfeitures, interest, costs of suit, and fines shall be distributed at least quarterly and credited and |
33 | paid by the state treasurer to the city or town where the meals and beverages are delivered. |
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1 | SECTION 5. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO SPORTS, RACING, AND ATHLETICS - SPORTS BETTING | |
*** | |
1 | This act would establish the licensing of nine (9) sports betting parlors located at the two |
2 | (2) established casinos, within each of the five (5) counties and two (2) for counties with at least |
3 | one hundred fifty thousand (150,000) inhabitants. The act would empower the department of |
4 | business regulation to issue rules and regulations and the issuance of licenses for wagering at the |
5 | sites of the betting parlors and online wagering using electronic means, for licensing and |
6 | application fees, licensing of employees, software companies, independent contractors and their |
7 | employees, transfers of licenses, collection of fees and taxes with local licensing and the issuance |
8 | of a betting parlor liquor license. |
9 | This act would take effect upon passage. |
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